S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   543

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. GIBSON -- Multi-Sponsored by -- M. of A. GLICK,
  HOOPER -- read once and referred to the Committee on Social Services

AN ACT to amend the  social  services  law,  in  relation  to  exempting
  certain  real  and  personal  property  from  certain  social services
  enforcement of support provisions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 104 of the social services law, as
amended  by  chapter  573  of  the  laws  of 1964, is amended to read as
follows:
  1. (A) A public  welfare  official  may  bring  action  or  proceeding
against  a  person  discovered  to  have  real  or personal property, or
against the estate or the executors, administrators  and  successors  in
interest of a person who dies leaving real or personal property, if such
person,  or  any  one  for  whose  support he is or was liable, received
assistance and care during the preceding ten years, and shall  be  enti-
tled  to  recover  up  to  the  value  of such property the cost of such
assistance or care. Any public  assistance  or  care  received  by  such
person  shall  constitute  an  implied  contract.  No  claim of a public
welfare official against the estate or the executors, administrators and
successors in interest of a person who dies  leaving  real  or  personal
property,  shall be barred or defeated, in whole or in part, by any lack
of sufficiency of ability on the part of such person during  the  period
assistance and care were received.
  Nor  shall the claim asserted by a public welfare official against any
person under this section be impaired, impeded, barred or  defeated,  in
whole or in part, on the grounds that another person or persons may also
have been liable to contribute.
  In  all  claims of the public welfare official made under this section
the public welfare official shall be deemed a preferred creditor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02039-01-3

A. 543                              2

  (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR  ANY
OTHER  PROVISION  OF LAW, THE AUTHORITY TO BRING AN ACTION OR PROCEEDING
AND THE IMPLIED CONTRACT ESTABLISHED BY THIS SECTION SHALL NOT APPLY  TO
REAL  PROPERTY  OF  A PERSON WHO RECEIVES OR RECEIVED ASSISTANCE OR CARE
(OR  A  RELATIVE  LIABLE THEREFOR PURSUANT TO SECTION ONE HUNDRED ONE OF
THIS TITLE) INSOFAR AS SUCH REAL PROPERTY IS OR WAS A ONE, TWO, OR THREE
FAMILY DWELLING OR A CONDOMINIUM  AND  THE  PRIMARY  RESIDENCE  OF  SUCH
PERSON  (OR  SUCH RELATIVE). NOR SHALL SUCH AUTHORITY TO BRING AN ACTION
OR PROCEEDING AND THE IMPLIED CONTRACT APPLY TO ANY  MANUFACTURED  HOME,
AS  DEFINED  IN  PARAGRAPH  FOUR OF SUBDIVISION A OF SECTION TWO HUNDRED
THIRTY-THREE OF THE REAL PROPERTY LAW,  OF  A  PERSON  WHO  RECEIVES  OR
RECEIVED  ASSISTANCE  OR CARE (OR A RELATIVE LIABLE THEREFOR PURSUANT TO
SECTION ONE HUNDRED ONE OF THIS TITLE) INSOFAR AS SUCH MANUFACTURED HOME
IS OR WAS THE PRIMARY RESIDENCE OF SUCH PERSON (OR SUCH RELATIVE).
  S 2. Subdivision 1 of section 106  of  the  social  services  law,  as
amended  by  chapter  764  of  the  laws  of 1972, is amended to read as
follows:
  1. (A) A social services official responsible, by or pursuant  to  any
provision  of this chapter, for the administration of assistance or care
granted or applied for may accept a deed of real property and/or a mort-
gage thereon on behalf of the public welfare district for the assistance
and care of a person at public expense but such property  shall  not  be
considered as public property and shall remain on the tax rolls and such
deed or mortgage shall be subject to redemption as provided in paragraph
(a) of subdivision two [hereof] OF THIS SECTION.
  (B)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS SECTION OR ANY
OTHER PROVISION OF LAW, THE AUTHORIZATION GRANTED  BY  THIS  SUBDIVISION
SHALL  NOT  APPLY  TO REAL PROPERTY OF A PERSON WHO RECEIVES OR RECEIVED
ASSISTANCE OR CARE (OR A RELATIVE LIABLE THEREFOR  PURSUANT  TO  SECTION
ONE HUNDRED ONE OF THIS TITLE) INSOFAR AS SUCH REAL PROPERTY IS OR WAS A
ONE,  TWO,  OR  THREE  FAMILY  DWELLING OR A CONDOMINIUM AND THE PRIMARY
RESIDENCE OF SUCH PERSON (OR SUCH RELATIVE).  NOR  SHALL  SUCH  AUTHORI-
ZATION  APPLY  TO ANY MANUFACTURED HOME, AS DEFINED IN PARAGRAPH FOUR OF
SUBDIVISION A OF SECTION TWO HUNDRED THIRTY-THREE OF THE  REAL  PROPERTY
LAW, OF A PERSON WHO RECEIVES OR RECEIVED ASSISTANCE OR CARE (OR A RELA-
TIVE  LIABLE THEREFOR PURSUANT TO SECTION ONE HUNDRED ONE OF THIS TITLE)
INSOFAR AS SUCH MANUFACTURED HOME IS OR WAS  THE  PRIMARY  RESIDENCE  OF
SUCH PERSON (OR SUCH RELATIVE).
  S  3.  Subdivision  2  of  section  369  of the social services law is
amended by adding a new paragraph (e) to read as follows:
  (E) THE PROVISIONS OF PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION SHALL
BE SUBJECT TO THE LIMITATIONS IMPOSED BY PARAGRAPH  (B)  OF  SUBDIVISION
ONE  OF SECTION ONE HUNDRED FOUR AND PARAGRAPH (B) OF SUBDIVISION ONE OF
SECTION ONE HUNDRED SIX OF THIS CHAPTER.
  S 4. This act  shall  take  effect  immediately  and  shall  apply  to
actions,  proceedings, liens, and implied contracts pending or commenced
on or after such effective date.